IllinoisCaseLaw.com

Home of the Criminal Nuggets Podcast.

  • Podcast
    • Criminal Nuggets
    • Premium Nuggets
  • More
    • Start Here
    • About
    • Free CLE
    • More CLE
    • Illinois Search And Seizure
    • Illinois DUI Law
    • Illinois Crimes Index
    • Illinois Sentencing Checklist
  • Contact
  • Login

A Break Down Of The Illinois Custodial Sexual Misconduct Statute With Michael Wepsiec

November 12, 2019 By Samuel Partida, Jr.

Episode 698 (Duration 29:54). Attorney Michael Wepsiec of Murphosboro, Illinois deconstructs the custodial sexual misconduct criminal law statute.

Illinois Attorney Michael Wepsiec

Subscribe: Apple | Google | Spotify | Android | RSS | Direct Download

APPLE PODCASTS GOOGLE PODCASTS

SPOTIFY ANDROID RSS

DIRECT DOWNLOAD

In This Episode…

“‘Hey I’m on parole, date me.’ No body says that.” — Michael Wepsiec

Attorney Michael Wepsiec

michael wepsiec from Murphysboro Illinois
Attorney Michael Wepsiec

Attorney Michael Wepsiec has over 34 years of legal experience.

He is the former elected States’s Attorney of Jackson County Illinois. Before that he was the Carbondale city attorney, and before that he was an assistant state’s attorney in Jackson County.

Contact Information

The Wepsiec Law Office
1502 Walnut St
Murphysboro, IL 62966
(618) 565-5206

The Illinois Custodial Sexual Misconduct Statute

In Illinois custodial sexual misconduct is found under 720 ILCS 5/11-9.2. The section provides that…

(a) A person commits custodial sexual misconduct when:
          (1) he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system;
         (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility; or
         (3) he or she is an employee of a law enforcement agency and engages in sexual conduct or sexual penetration with a person who is in the custody of a law enforcement agency or employee.

(b) A probation or supervising officer, surveillance agent, or aftercare specialist commits custodial sexual misconduct when the probation or supervising officer, surveillance agent, or aftercare specialist engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent or employee so engaging in the sexual conduct or sexual penetration.

“Can’t Miss” Moments:

✓ The Illinois statute on custodial sexual misconduct came into effect in 1997. Before that the regular sexual assault and official misconduct charges weren’t doing the job. Here’s why…(Go to 5:14)

✓ Prisons and correctional facilities are big business down in southern Illinois. Where there are prisons there will be custodial sexual misconduct. (Go to 6:35)

✓ Really hard to imagine how this law could be stretched into unintended conduct, I mean the law is really clear on what it is trying to prevent. Nonetheless, Wepsiec found a set of facts that leave you wondering if the law was meant to go there. (Go to 7:20)

✓ This is the one thing a guy is going to keep off his online dating profile. For some people it leads to disappointment and a dud date. For others it can lead to a criminal charge. (Go to 8:20) & (Go to 11:07)

✓ How a workman’s comp claim can lead to criminal charges, and I don’t mean fraud charges. In this case, a workman’s comp claim lead to a charge of custodial sexual misconduct. (Go to 9:05)

✓ A parolee parked outside your residence on a Saturday morning just might get you charged with a crime. Push play to find out how. (Go to 9:55)

✓ The secret to getting a parolee to say anything you want to hear. (Hint: this only works if you’re a parole agent.) (Go to 10:03)

✓ Did you know, legally speaking, that a person who is on parole also called mandatory supervised release is in the custody of the Illinois Department of Corrections? (Go to 11:43)

✓ “A person commits custodial sexual misconduct when he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of THAT penal system”. Clearly, the law is written to prevent guards who are directly in authority over inmates in the guard’s own facility. (Go to 12:08)

✓ Heaven forbid you ever have to dig into the legislative history of a bill. When Wepsiec did it Barack Obamas name turned up. (Go to 13:26)

✓ The one key distinction between the Illinois Department of Juvenile Justice and the Illinois Department of Corrections made all the difference in the world to one downstate resident. Everything turned on the phrase “that penal system.” (Go to 15:05)

✓ Here’s a clear example of when we wouldn’t want to charge a Jackson County Jail guard with custodial sexual misconduct, this ain’t exactly “Orange is the New Black”. (Go to 18:19)

✓ Does anyone object to charging politicians under this provision in the code? (Go to 19:35)

✓ “You know, I see some stuff now, and I’m going ‘why in the heck did they file that?’.” (Go to 20:47)

✓ The four rules to charging a case. This was the standard Michael tried to live by when he was on the other side. When he was brining charges as a prosecutor he always tried to honor these principles. It’s the last prong were prosecutors really distinguish themselves. (Go to 21:03)

✓ Here’s a clear example of conduct the statute was intended to prevent. (CAUTION: these words are harsh, but they’re not Michaels.) (Go to 23:35)

Links & Resources

  • 720 ILCS 5/11-9.2. Custodial sexual misconduct
  • Jackson County Illinois
  • Murphysboro, Illinois
  • Southern Illinois University
  • Salukis
  • Pinckneyville Correctional Center
  • Menard Correctional Center
  • Logan Correctional Center
  • Chester Mental Health Center
  • Alton Mental Health Center 
  • Illinois Youth Center Harrisburg
  • Illinois Department of Corrections
  • Illinois Department of Juvenile Justice
  • Bill of Particulars – 720 ILCS 5/111-6

See Also

You may also want to check out…

  • The Illinois Crimes Index 
  • People v. Rowell, 229 Ill. 2nd 82 (May 2008) Episode 686 (Duration 31:58) (What To Do About Fatally Flawed Criminal Charges: Alan Downen Interview)
  • Marisa Tomei From My Cousin Vinny Great Example Of How An Expert Witness Works & Origin Of The Term “Yoots” In Law

Filed Under: Dismissal, Podcast

About Samuel Partida, Jr.

Samuel Partida, Jr.There is no substitute for steady, persistent attention to the cases. Samuel Partida, Jr. uses a podcast to help attorneys and officers stay on top of it all. How can I help you? LinkedIn | Facebook | Comment

Before You Go…If you are an Illinois attorney or police officer then claim your free gift below.

Free Printed Edition
2019 Midyear
Search & Seizure
Special Report…

2019 Mid Year Search & Seizure Special Report

Catch Up Quickly With
Everything You Missed
In Illinois Search & Seizure!

Click here to claim your FREE special report

2019 Mid Year Search & Seizure Special Report

The 2019 Midyear
Search & Seizure Special Report
Everything You Missed In
Illinois S&S Case Law.

More Subscription Options!

Subscribe on Android subscribe to rss feed
subscribe on apple podcasts subscribe on google podcasts

© 2019 · Home of the Premium Nuggets · Disclaimer